Kaufman v. Ehrlich
Supreme Court of Georgia
Equitable petition. Before Judge Ealligant. Chat-ham superior court. December term, 1893. David R. Dillon, the father of Mildred Dillon (a child of eight years), died in New York on October 9, 1883. He left a will which was probated, and an exemplification of which was filed in the court of ordinary of Chat-ham county, Ga.
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Equitable petition. Before Judge Ealligant. Chat-ham superior court. December term, 1893. David R. Dillon, the father of Mildred Dillon (a child of eight years), died in New York on October 9, 1883. He left a will which was probated, and an exemplification of which was filed in the court of ordinary of Chat-ham county, Ga. Ehrlich was executor of said will, and is the legal guardian of Mildred Dillon, whose mother (Virginia, a sister of Ehrlich) was married to" Kaufman on January 25, 1888, and died intestate in New York on December 1, 1890, leaving as her only heirs at law her said husband…
1Opinion of the Court
Lumpkin, Justice.
The facts appear in the reporter’s statement. By consent, the case was submitted to the presiding judge for determination without the intervention of a jury. The controlling legal question was, whether or not the instrument dated July 10th, 1879, and executed by Virginia Ehrlich, was a deed or a will. We are quite clear that, as to the specific lands therein mentioned, it was a deed, and was not testamentary in its character. As to so much of the instrument as undertook to convey prop*167•erty which the grantor might acquire after its execution and of which she might be the owner…
2Cited by1 opinion
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